Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Creates Office of Nonprofit Ombudsperson in Department of Treasury; appropriates $329,000.
CURRENT VERSION OF TEXT
As introduced.
An Act creating the Office of the Nonprofit Ombudsperson in the Department of the Treasury, supplementing Title 52 of the Revised Statutes, amending P.L.2011, c.73, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):
Head of the agency means and includes the individual or group of individuals constituting the highest authority within any agency authorized or required by law to render an adjudication in a contested case, as defined in section 2 of the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-2).
Nonprofit information center portal means the single accessible location on the Department of States designated home website to provide information for nonprofit organizations regarding various resources available to assist them in their daily operations, as established pursuant to P.L.2011, c.73 (C.52:16A-110 et seq.);
Nonprofit Ombudsperson means the person appointed by the Governor pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Nonprofit organization means an entity that is exempt from federal income taxation under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.501).
State agency or agency means and includes each of the principal departments in the executive branch of the State Government, and all boards, divisions, commissions, agencies, departments, councils, authorities, offices or officers within any such departments now existing or hereafter established and authorized by statute to make, adopt, or promulgate rules or adjudicate contested cases, except the office of the Governor, as defined in section 2 of the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-2).
2. (New section) a. There is established in but not of the Department of the Treasury the Office of the Nonprofit Ombudsperson. The purpose of the ombudsperson is to provide information and assistance to, and act as an advocate for, nonprofit organizations interacting with State agencies. For the purpose of complying with Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Nonprofit Ombudsperson is hereby allocated within the Department of the Treasury, but notwithstanding its allocation, the office shall be independent of any supervision or control by the Department of the Treasury or any board or officer thereof, or any other cabinet-level department, board, or officer thereof.
b. The Governor shall appoint a Nonprofit Ombudsperson, who shall be qualified by training and experience to perform the duties of the office. The ombudsperson shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communications, conflict resolution, and professionalism. The ombudsperson shall serve at the pleasure of the Governor.
c. The ombudsperson shall organize and direct the work of the office, including creating and maintaining a website, and the work of such professional and clerical staff as may be necessary to carry out the ombudspersons duties.
3. (New section) The ombudsperson shall be responsible for the following duties:
a. participating in, monitoring, and reporting on the participating State agencies compliance with the nonprofit information center portal established in the Department of State pursuant to P.L.2011, c.73 (C.52:16A-110 et seq.) that provides information accessible on the internet for nonprofit organizations regarding various resources available to assist them in their daily operations;
b. communicating and consulting regularly with nonprofit organizations, and associations representing nonprofit organizations, that operate in the State, which consultations shall include, but not be limited to, conducting public meetings with these organizations and associations no less than once every six months;
c. providing technical assistance to nonprofit organizations to assist them in complying with the regulations of State agencies;
d. investigating complaints from nonprofit organizations regarding State agencies, and assisting these nonprofit organizations in seeking a resolution;
e. reporting nonprofit organizations concerns and recommendations to the heads of the agencies; and
f. developing and sharing innovative procurement and contracting practices to increase opportunities for nonprofit organizations.
4. Section 1 of P.L.2011, c.73 (C.52:16A-110) is amended to read as follows:
1. a. The Department of State shall maintain in a single accessible location on its designated home website information for nonprofit organizations on the internet regarding various resources available to assist them in their daily operations. The information featured shall be updated at least monthly and include, but not be limited to, information regarding: (1) available funding sources offered by the Department of State; (2) relevant eligibility criteria applicable to such funding; (3) incorporation and, to the extent applicable, board development; (4) volunteer opportunities available with or through the Department of State; (5) links to the website pages of various departments and State agencies that contain the information that such entities must maintain in accordance with this section; [and] (6) a link to the website of the Office of the Nonprofit Ombudsperson established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (7) any other information the Secretary of State deems necessary. The website shall be accessible from the Department of States designated home webpage.
b. Each State department or agency that provides resources to nonprofit organizations shall maintain in a single accessible location on its designated home website information regarding various resources available from or through that department or agency to assist those nonprofit organizations in their daily operations. The information featured shall be updated at least monthly and include, but not be limited to, information regarding: (1) available funding sources offered by the department or agency; (2) relevant eligibility criteria applicable to such funding; (3) volunteer opportunities available with or through the department or agency; and (4) any other information the Secretary of State deems necessary. The website shall be accessible from the designated home website of each such department or agency.
c. The Office of the Nonprofit Ombudsperson, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall monitor and report on compliance with the provisions of P.L.2011, c.73 (C.52:16A-110 et seq.). The Office of the Nonprofit Ombudsperson shall submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) detailing the activities and compliance issues of State agencies with respect to the requirements of P.L.2011, c.73 (C.52:16A-110 et seq.).
(cf: P.L.2011, c.73, s.1)
5. There is appropriated the sum of $329,000 from the General Fund to the Department of the Treasury to support the costs of establishing and operating the Office of the Nonprofit Ombudsperson established pursuant to P.L. ,c. (C. ) (